LunarSky Productions, Inc. provides multiple types of services to numerous clients, and we have a responsibility to protect each client and to provide the best services available. The following documents are designed to ensure that these obligations are met.

Acceptable Use Policy (AUP)
Terms of Service (ToS)
Billing Policy (BP)
Online Privacy Statement (OPS)

Access to and use of the products and services available through this site (collectively, the "Services") are subject to the following terms and conditions. By using the Services, you are agreeing to the terms and conditions contained in this Agreement.

Any third party sites which may be accessed through this site are the sole responsibility of the third party who is posting the site. LunarSky Productions, Inc. ("LunarSky") makes no warranty as to the accuracy of any information on third party sites and accepts no liability for any errors and omissions or for any damage or injury to persons or property arising out of the use or operation of any materials, instructions, methods or ideas contained on such sites.

No warranty is made as to the accuracy or completeness of any information on this site and LunarSky accepts no responsibility or liability for any inaccuracy or errors and omissions, or for any damage, economic or otherwise, or injury to persons or property arising out of the accessing or use of any files, software and other materials, instructions, methods or ideas contained on this site or in the material accessed from it.

All information contained herein is obtained by LunarSky from sources believed to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, NEITHER LUNARSKY PRODUCTIONS, INC. NOR THE INFORMATION PROVIDERS IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LUNARSKY PRODUCTIONS, INC. AND THE INFORMATION PROVIDERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO THE USER AND/OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

It is LunarSky's policy to respond to claims of ANY copyright infringement. LunarSky will promptly process and investigate all cases of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. Upon receipt of notices of sites not complying with the Digital Millennium Copyright Act, LunarSky will expeditiously remove or disable access to any material claimed to be infringing or claimed to be the subject of copyright infringement activity, and will expeditiously remove or disable access to any reference or link to material or activity that is claimed to be infringing.

All original content and compilations thereof are Copyright © 2001-2010 LunarSky Productions, Inc. and may not be used in whole or part without express written consent. LunarSky is not responsible for the content of its hosted sites, nor for the content of any programs available from its hosted sites, nor for any damage incurred due to downloads from sites belonging to LunarSky.

The copyright or trademark in all material provided on this site is held by LunarSky Productions, Inc. or by the original creator of the material and is protected by U.S. and international copyright and trademark laws. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of LunarSky or the copyright owner.

Permission is granted to display, copy, distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without the permission of LunarSky, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You are responsible for maintaining the confidentiality of your account password(s). You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Users alone are responsible for the contents of the messages they communicate when using our services and as well as the consequences of any such messages. You agree that you will not use our services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. You further agree not to use our services to send any message or material that is unlawful, gives rise to civil liability or otherwise violates local, federal or international laws.

LunarSky Productions, Inc. may at any time revise this Acceptable Use Policy by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Acceptible Use Policy to which you are bound to.

By subscribing to services provided by LunarSky Productions, Inc. ("LunarSky"), you agree that you have read and agree to comply with the Terms of Service as stated below.

Payment Policy, Cancellations & Billing Information
Please refer to the Cancellation Policy located under the Billing Policy section.

Uptime Guarantee » Network Access
LunarSky Productions, Inc. guarantees network availability of 100% of the time in a given month, excluding scheduled maintenance and unforeseen acts of God. The network is considered unavailable if there is a 100% packet loss from the LunarSky network to its backbone providers. LunarSky has absolutely no control over networks outside of its own. LunarSky will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the monthly fee). Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on servers. Network downtime exists when a particular customer is unable to transmit and receive data to their server or web site, and is measured from the time a trouble ticket is opened. LunarSky will determine end of downtime by a traceroute between the customer's web site and another web site outside the LunarSky Network.

Uptime Guarantee » Infrastructure
LunarSky Productions, Inc. guarantees that the critical infrastructure systems, including power and heating, ventilation and air conditioning (HVAC) systems, will be available 100% of the time in a given month, excluding scheduled maintenance and unforseen acts of God. Upon experiencing downtime, LunarSky will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the monthly fee). Critical infrastructure includes functioning of all power and HVAC infrastructure including uninterruptable power supplies (UPSs), generator backup systems, and protocol data units (PDUs) and cabling. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and is measured from the time a trouble ticket is is opened. LunarSky will determine end of downtime by confirming that the problem is resolved and the server is powered back on.

Uptime Guarantee » Hardware
LunarSky Productions, Inc. guarantees that the functioning of all hardware components and will replace any failed component immediately. Hardware replacement will begin once LunarSky identifies the cause of the problem. Hardware replacement is guaranteed to be complete within one hour of problem identification. In the event it takes longer than one hour to replace faulty hardware, LunarSky will refund the customer 5% of the monthly fee for each additional 60 minutes of downtime (up to 100% of the monthly fee). Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, network interface card (NIC) and other related hardware included with the server. This guarantee excludes the time to rebuild a RAID array and the reload of operating systems and applications.

Shared SSL Certificates
Any shared SSL certificate leased from LunarSky Productions, Inc. to use in conjunction with a shared hosting plan provided by LunarSky Productions, Inc. is intended for its specific use and will not be exported from the hosting server to be used with any other web hosting service. You may only use shared SSL certificates on a web site hosted by LunarSky Productions. LunarSky Productions will generate and securely store a corresponding private key. For security reasons, at no time will LunarSky Productions release your private key, even if you request it.

Web Site Content
All services provided by LunarSky Productions, Inc. may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law or of any laws within the subscribers country of residence is prohibited. This includes, but is not limited to: copyrighted material, material we deem to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless LunarSky from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and merchandising is prohibited on all LunarSky servers. This includes sites that may infer or links to illegal content elsewhere.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to LunarSky servers or any other server on the Internet. Links to such materials are also prohibited. Examples of this material include pirated software, hacker programs or archives, and warez sites.

LunarSky Productions, Inc. will be the sole arbiter as to what constitutes a violation of these provisions.

No Spam; Liquidated Damages
Spamming, or the sending of unsolicited commercial e-mail (UCE), from or through a LunarSky Productions' server or using an e-mail address or domain that is maintained on a LunarSky Productions' machine as reference is strictly prohibited. LunarSky Productions may fine, suspend, and/or immediately terminate any service it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk/commercial e-mail (UBE/UCE). In addition, if actual damages cannot be reasonably calculated, you agree to pay LunarSky Productions, Inc. liquidated damages of $1.00 for each piece of spam or unsolicited bulk/commercial e-mail transmitted from or otherwise connected with your web site hosted with us, otherwise you agree to pay LunarSky Productions' actual damages. LunarSky Productions will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer of LunarSky Productions, Inc. is strictly prohibited.

Server Resources
Running programs in the background or chat rooms on a LunarSky Productions server without LunarSky Productions' prior authorization, or running Internet Relay Chat, IRC bots, more then 1,000 e-mails a day and the like are not acceptable uses of LunarSky Productions' servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories without prior authorization from LunarSky Productions is prohibited. LunarSky Productions can set an additional domain name to be pointed to your web site's existing address for a one-time fee of $5.00.

We do not want to limit your success. In fact our goal is to assist you in any way we can to ensure the success of your site. However, you should understand that your site is on a shared server with other sites. Any abuse by one user will affect all other clients on that server. If there is ever a problem, rest assured we will contact you immediately and remedy the situation in a mutually beneficial way. LunarSky Productions will be the sole arbitrator in these matters.

Back-Ups
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of LunarSky, LunarSky will attempt to recover the data for no charge to the client. If data loss occurs due to the negligence of the client in securing their account or by an action of the client, LunarSky will attempt to recover the data from the most recent archive for a $150.00 fee. You may request a backup copy of your web site archived to CD-ROM for a $25.00 fee.

IP Addresses
LunarSky Productions, Inc. maintains control and any ownership of any and all IP addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks, distributive hosting sites, and dedicated servers of LunarSky must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Any questions or complaints about violations of our policies should be referred to us immediately. Each complaint will be investigated.

Limitation of Liability
In no event shall LunarSky Productions, Inc. be liable to you or any other person for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort, or otherwise, even if LunarSky Productions, Inc. has been advised of the possibility of such damages. Furthermore, LunarSky Productions, Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of LunarSky Productions' servers. You agree that LunarSky Productions' total liability for damages shall be limited to $1.00.

Indemnity
You agree to release, defend, indemnify and hold harmless LunarSky Productions, Inc. and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney's fees and costs, resulting from or related to (i) a dispute over one or more web sites LunarSky Productions is hosting for you, (ii) your breach of this Agreement, (iii) any negligence, willful or improper misconduct by you; (iv) any allegation that your site or content infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets; or (v) any action or conduct of LunarSky Productions' undertaken pursuant to this Agreement. You shall defend and settle at your sole expense all proceedings arising out of the foregoing. You agree that LunarSky Productions, Inc. shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify LunarSky Productions, Inc. of any such claim promptly in writing and to allow LunarSky Productions to control the proceedings. You agree to cooperate fully with LunarSky Productions during such proceedings. You agree you will not be entitled to a refund of any fees paid to LunarSky Productions if, for any reason, LunarSky Productions takes corrective action with respect to your improper or illegal use of its web hosting services. You also agree that if LunarSky Productions is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by LunarSky Productions, that LunarSky Productions, in its sole discretion, may take whatever action LunarSky Productions deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

Disclaimer of Warranties

LunarSky Productions, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, concerning any subject matter of this agreement.

Severability
You agree that the terms of this agreement are severable. If any part of this agreemenet is determined to be unenforcable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

Venue; Waiver of Trial By Jury
This agreement shall be deemed entered into the state of Florida, the laws and judicial decisions of Seminole county, Florida, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Seminole county, Florida.

Notices
You agree that all notices (except for notices concerning breach of this agreement) from LunarSky Productions, Inc. to you may be posted on our web site. Notices concerning breach will be sent either to the e-mail or postal address you have on file with LunarSky Productions, Inc. In either case, delivery shall be deeped to have been made five (5) days after the date sent.

Notices from you to LunarSky Productions, Inc. shall be made either by e-mail, facsimile, or mailed to the address we provide on our web site. They shall be deemed to be delivered when received by LunarSky Productions, Inc. through first class mail the date they are received, or when sent by facsimile.

» Payments
» Billing Cycles (Terms)
» Account Renewals
» Statements
» Fees
» Late Fees
» Cancellations
» 30 Days Moneyback Guarantee
» Refund Policy
» Credit and Debit Card Disputes/Chargebacks
» Billing/Price Changes

The following Terms of Service constitute LunarSky Productions' Billing Policy and apply to ALL LunarSky Productions customers:

Payments
All charges are shown in US Dollars. Payments are to be made in US Dollars. LunarSky Productions, Inc. accepts the following types of payment:

» Check or Money Order
» Credit Card (VISA, MasterCard, Discover)
» Bank Wire Transfer or e-Check (ACH)
» PayPal

All accounts are setup on a prepay basis. All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide LunarSky Productions, Inc. with your credit or debit card, or checking account ("Automated Payment Method Account" or "APMA") information and complete the EZPay form for either automated credit card payments or automated checking account payments, you authorize LunarSky Productions, Inc. to automatically charge your APMA for charges that apply to your account.

If you have chosen to use an APMA, recurring charges will be posted to your APMA in accordance with LunarSky Productions' Billing Policy in the TOS. Charges subsequent to your initial order will accumulate in your account until such charges exceed $4.99. LunarSky Productions will then automatically charge your APMA on the next Account Statement Date. You are responsible for directly updating, or notifying LunarSky Productions, of any changes to your APMA information (including, but not limited to card/account number, expiration date, billing address, or card status).

If you have chosen not to use an APMA, and wish to make a payment manually, you must remit payment in one of the forms mentioned in the list shown above.

If you have chosen to pay quarterly, semi-annually, or annually, payment MAY NOT be in the form of a credit or debit card. If you wish to pay by credit or debit card, you may only do so by electing monthly payment terms. You may make one-time payments manually, or elect an APMA. All packages and specials which include greater than one month of service (such as our Insta-Site packages), MAY NOT be paid for via manual or APMA credit or debit card transaction.

Customers whom have not elected an APMA agree to make payment of their balance due within fifteen (15) days of the Account Statement Date. Failure to comply will result in the immediate suspension of services automatically until payment is received. A $15.00 reactivation fee may be charged to your account based on the severity of the delinquency.

The customer is responsible for all money owed on the account from the time it was established, to the time that the customer notifies LunarSky Productions, Inc. in accordance with the cancellation procedures. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Billing Cycles (Terms)
LunarSky offers four (4) Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months), semi-annually (6 months) and annually (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals
In order to insure uninterrupted service to your web site, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Statements
LunarSky Productions, Inc. does not generally mail paper invoices or statements. Statements can be viewed and printed through LunarView. Customers may elect to receive their monthly account billing statement via e-mail, and have monthly statements be delivered to one, or multiple e-mail addresses. This option may be selected in LunarView.

Fees » Returned (NSF) Checks
LunarSky Productions, Inc. charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.

Fees » Bank Wire Payments
LunarSky Productions, Inc. does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00 USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to LunarSky Productions, Inc. or the amount credited to your account will be less than your intended payment.

Fees » Late Fees
Accounts with payments that have not been received within 5 days past the due date, will be assessed a late fee. This fee will be 5% of the outstanding balance, or $5.00, whichever is greater. To avoid service interruption (suspension or cancellation), both the outstanding balance and late fee(s) must be paid current within 15 days past the due date.

Fees » Reactivation
Customers that wish to reactivate a closed account will be assessed a $15.00 reactivation fee. A $60.00 fee will be assessed if LunarSky Productions, Inc. restores your data files to your reactivated account.

Fees » Hosting Plan Changes
Customers electing to change to a lower priced hosting plan will be charged a $15.00 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between any setup or service fees applicable to your new and former plans.

Fees » Account Splits and Mergers
LunarSky Productions, Inc. encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that LunarSky Productions, Inc. separate one or more plans contained under one account into separate accounts. The fee for this service is $15.00 for each new account created and is charged to the new account. Please direct all requests for these services to support@lunarsky.com.

Cancellations
Hosting plans will automatically renew until a plan is cancelled. All cancellation requests must be submitted via US Mail, Facsimile, Telephone or Lunarview. No other method is accepted for cancellations. All cancellation requests send via US Mail and Fax must be written or typed on company letterhead and the signature and printed name of the authorized account agent must be present.

Cancellation requests must be received by LunarSky Productions, Inc. a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and co-located hosting, and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by LunarSky Productions. If you wish to cancel service for a future date, please contact our support department at 1.866.4.LUNARSKY, option 2, Monday through Friday, 9:00 AM to 6:00 PM Eastern Time. LunarSky Productions, Inc. will confirm the cancellation request when it is processed. If you do not receive a confirmation, or receive a cancellation notice that you have not initiated, please contact LunarSky Productions, Inc. as soon as possible.

LunarSky Productions, Inc. does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to LunarSky Productions' services and/or network. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. LunarSky Productions, Inc. reserves the right to cancel any account, at any time, without notice, for any reason LunarSky Productions, Inc. considers appropriate.

30 Days Moneyback Guarantee
If you are not satisfied with your service and wish to cancel your account within your initial 30 days of service, we will gladly issue you a refund. Please note that any setup fees, transfer fees and domain name registrations are non-refundable.

Refund Policy
Refunds will be provided in the same payment method of the original payment. Please be aware that there are no pro-rated refunds for partial months used, only for full, unused prepaid months after the initial 30 days Moneyback Guarantee.

Credit and Debit Card Disputes/Chargebacks
LunarSky Productions, Inc. has a zero-tolerance policy for chargebacks. Any customer who disputes a valid credit or debit card, or checking account payment may be subject to a fine, required to make future payments with confirmed funds (cashiers check or money order), account suspension or termination at LunarSky Productions' discretion.

Billing/Price Changes
LunarSky Productions' policies and prices are subject to change without notice. All prices are guaranteed for the then-current billing cycle. Any price changes become effective in the next billing cycle.

Effective 06/30/2003

» Our Commitment To Privacy
» The Information We Collect
» How We Use Information
» Our Commitment To Data Security
» Our Commitment To Our Web Design Customers
» Our Commitment To Children's Privacy
» How To Access Or Correct Your Information
» How To Contact Us

Our Commitment to Privacy
Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available at the bottom of every page.

The Information We Collect
This notice applies to all information collected or submitted on the LunarSky Productions, Inc. web site. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: